Article II, Bill of Rights

Bill of Rights

In order to assert our rights, acknowledge our duties, and
proclaim the principles upon which our government is founded, we declare:

Section 1. Vestment of political power. All
political power is vested in and derived from the people; all government, of right,
originates from the people, is founded upon their will only, and is instituted solely for
the good of the whole.

Section 2. People may alter or abolish form of
government ­ proviso. The people of this state have the sole and exclusive right of
governing themselves, as a free, sovereign and independent state; and to alter and abolish
their constitution and form of government whenever they may deem it necessary to their
safety and happiness, provided, such change be not repugnant to the constitution of the
United States.

Section 3. Inalienable rights. All persons have
certain natural, essential and inalienable rights, among which may be reckoned the right
of enjoying and defending their lives and liberties; of acquiring, possessing and
protecting property; and of seeking and obtaining their safety and happiness.

Section 4. Religious freedom. The free exercise
and enjoyment of religious profession and worship, without discrimination, shall forever
hereafter be guaranteed; and no person shall be denied any civil or political right,
privilege or capacity, on account of his opinions concerning religion; but the liberty of
conscience hereby secured shall not be construed to dispense with oaths or affirmations,
excuse acts of licentiousness or justify practices inconsistent with the good order, peace
or safety of the state. No person shall be required to attend or support any ministry or
place of worship, religious sect or denomination against his consent. Nor shall any
preference be given by law to any religious denomination or mode of worship.

Section 5. Freedom of elections. All elections
shall be free and open; and no power, civil or military, shall at any time interfere to
prevent the free exercise of the right of suffrage.

Section 6. Equality of justice. Courts of justice
shall be open to every person, and a speedy remedy afforded for every injury to person,
property or character; and right and justice should be administered without sale, denial
or delay.

Section 7. Security of person and property ­ searches
­ seizures ­ warrants. The people shall be secure in their persons, papers, homes
and effects, from unreasonable searches and seizures; and no warrant to search any place
or seize any person or things shall issue without describing the place to be searched, or
the person or thing to be seized, as near as may be, nor without probable cause, supported
by oath or affirmation reduced to writing.

Section 8. Prosecutions ­ indictment or information.
Until otherwise provided by law, no person shall, for a felony, be proceeded against
criminally otherwise than by indictment, except in cases arising in the land or naval
forces, or in the militia when in actual service in time of war or public danger. In all
other cases, offenses shall be prosecuted criminally by indictment or information.

Section 9. Treason ­ estates of suicides.
Treason against the state can consist only in levying war against it or in adhering to its
enemies, giving them aid and comfort; no person can be convicted of treason, unless on the
testimony of two witnesses to the same overt act, or on his confession in open court; no
person can be attainted of treason or felony by the general assembly; no conviction can
work corruption of blood or forfeiture of estate; the estates of such persons as may
destroy their own lives shall descend or vest as in cases of natural death.

Section 10. Freedom of speech and press. No law
shall be passed impairing the freedom of speech; every person shall be free to speak,
write or publish whatever he will on any subject, being responsible for all abuse of that
liberty; and in all suits and prosecutions for libel the truth thereof may be given in
evidence, and the jury, under the direction of the court, shall determine the law and the
fact.

Section 11. Ex post facto laws. No ex post facto
law, nor law impairing the obligation of contracts, or retrospective in its operation, or
making any irrevocable grant of special privileges, franchises or immunities, shall be
passed by the general assembly.

Section 12. No imprisonment for debt. No person
shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit
of his creditors in such manner as shall be prescribed by law, or in cases of tort or
where there is a strong presumption of fraud.

Section 13. Right to bear arms.
The right of no person to keep and bear arms in defense of his home, person and property,
or in aid of the civil power when thereto legally summoned, shall be called in question;
but nothing herein contained shall be construed to justify the practice of carrying
concealed weapons.

Section 14. Taking private property for private use.
Private property shall not be taken for private use unless by consent of the owner, except
for private ways of necessity, and except for reservoirs, drains, flumes or ditches on or
across the lands of others, for agricultural, mining, milling, domestic or sanitary
purposes.

Section 15. Taking property for public use ­
compensation, how ascertained. Private property shall not be taken or damaged, for
public or private use, without just compensation. Such compensation shall be ascertained
by a board of commissioners, of not less than three freeholders, or by a jury, when
required by the owner of the property, in such manner as may be prescribed by law, and
until the same shall be paid to the owner, or into court for the owner, the property shall
not be needlessly disturbed, or the proprietary rights of the owner therein divested; and
whenever an attempt is made to take private property for a use alleged to be public, the
question whether the contemplated use be really public shall be a judicial question, and
determined as such without regard to any legislative assertion that the use is public.

Section 16. Criminal prosecutions ­ rights of
defendant. In criminal prosecutions the accused shall have the right to appear and
defend in person and by counsel; to demand the nature and cause of the accusation; to meet
the witnesses against him face to face; to have process to compel the attendance of
witnesses in his behalf, and a speedy public trial by an impartial jury of the county or
district in which the offense is alleged to have been committed.

Section 16a. Rights of crime victims. Any person
who is a victim of a criminal act, or such person's designee, legal guardian, or surviving
immediate family members if such person is deceased, shall have the right to be heard when
relevant, informed, and present at all critical stages of the criminal justice process.
All terminology, including the term "critical stages", shall be defined by the
general assembly.

[As enacted November 3, 1992 ­­ Effective upon
proclamation of the Governor, January 14, 1993. (For the text of the amendments and the
votes cast thereon, see L. 91, p. 2031 and L. 93, p. 2154.)]

Section 17. Imprisonment of witnesses ­ depositions
­ form. No person shall be imprisoned for the purpose of securing his testimony in
any case longer than may be necessary in order to take his deposition. If he can give
security he shall be discharged; if he cannot give security his deposition shall be taken
by some judge of the supreme, district or county court, at the earliest time he can
attend, at some convenient place by him appointed for that purpose, of which time and
place the accused and the attorney prosecuting for the people shall have reasonable
notice. The accused shall have the right to appear in person and by counsel. If he has no
counsel, the judge shall assign him one in his behalf only. On the completion of such
examination the witness shall be discharged on his own recognizance, entered into before
said judge, but such deposition shall not be used if in the opinion of the court the
personal attendance of the witness might be procured by the prosecution, or is procured by
the accused. No exception shall be taken to such deposition as to matters of form.

Section 18. Crimes ­ evidence against one's self ­
jeopardy. No person shall be compelled to testify against himself in a criminal case
nor shall any person be twice put in jeopardy for the same offense. If the jury disagree,
or if the judgment be arrested after the verdict, or if the judgment be reversed for error
in law, the accused shall not be deemed to have been in jeopardy.

(a) For capital offenses when proof is evident or
presumption is great; or

(b) When, after a hearing held within ninety­six hours of
arrest and upon reasonable notice, the court finds that proof is evident or presumption is
great as to the crime alleged to have been committed and finds that the public would be
placed in significant peril if the accused were released on bail and such person is
accused in any of the following cases:

(I) A crime of violence, as may be defined by the general
assembly, alleged to have been committed while on probation or parole resulting from the
conviction of a crime of violence;

(II) A crime of violence, as may be defined by the general
assembly, alleged to have been committed while on bail pending the disposition of a
previous crime of violence charge for which probable cause has been found;

(III) A crime of violence, as may be defined by the
general assembly, alleged to have been committed after two previous felony convictions, or
one such previous felony conviction if such conviction was for a crime of violence, upon
charges separately brought and tried under the laws of this state or under the laws of any
other state, the United States, or any territory subject to the jurisdiction of the United
States which, if committed in this state, would be a felony; or

(c) (Deleted by amendment.)

(2) Except in the case of a capital offense, if a person
is denied bail under this section, the trial of the person shall be commenced not more
than ninety days after the date on which bail is denied. If the trial is not commenced
within ninety days and the delay is not attributable to the defense, the court shall
immediately schedule a bail hearing and shall set the amount of the bail for the person.

(2.5) (a) The court may grant bail after a person is
convicted, pending sentencing or appeal, only as provided by statute as enacted by the
general assembly; except that no bail is allowed for persons convicted of:

(I) Murder;

(II) Any felony sexual assault involving the use of a
deadly weapon;

(III) Any felony sexual assault committed against a
child who is under fifteen years of age;

(IV) A crime of violence, as defined by statute enacted by
the general assembly; or

(V) Any felony during the commission of which the person
used a firearm.

(b) The court shall not set bail that is otherwise allowed
pursuant to this subsection (2.5) unless the court finds that:

(I) The person is unlikely to flee and does not pose a
danger to the safety of any person or the community; and

(II) The appeal is not frivolous or is not pursued for the
purpose of delay.

(3) This section shall take effect January 1, 1995, and
shall apply to offenses committed on or after said date.

Section 21. Suspension of habeas corpus. The
privilege of the writ of habeas corpus shall never be suspended, unless when in case of
rebellion or invasion, the public safety may require it.

Section 22. Military subject to civil power ­
quartering of troops. The military shall always be in strict subordination to the
civil power; no soldier shall, in time of peace, be quartered in any house without the
consent of the owner, nor in time of war except in the manner prescribed by law.

Section 23. Trial by jury ­ grand jury. The
right of trial by jury shall remain inviolate in criminal cases; but a jury in civil cases
in all courts, or in criminal cases in courts not of record, may consist of less than
twelve persons, as may be prescribed by law. Hereafter a grand jury shall consist of
twelve persons, any nine of whom concurring may find an indictment; provided, the general
assembly may change, regulate or abolish the grand jury system; and provided, further, the
right of any person to serve on any jury shall not be denied or abridged on account of
sex, and the general assembly may provide by law for the exemption from jury service of
persons or classes of persons.

[As amended November 7, 1944. (See Laws 1945, p. 424.)]

Section 24. Right to assemble and petition. The
people have the right peaceably to assemble for the common good, and to apply to those
invested with the powers of government for redress of grievances, by petition or
remonstrance.

Section 25. Due process of law. No person shall
be deprived of life, liberty or property, without due process of law.

Section 26. Slavery prohibited.
There shall never be in this state either slavery or involuntary servitude, except as a
punishment for crime, whereof the party shall have been duly convicted.

Section 27. Property rights of aliens. Aliens,
who are or may hereafter become bona fide residents of this state, may acquire, inherit,
possess, enjoy and dispose of property, real and personal, as native born citizens.

Section 28. Rights reserved not disparaged. The
enumeration in this constitution of certain rights shall not be construed to deny, impair
or disparage others retained by the people.

Section 29. Equality of the sexes. Equality of
rights under the law shall not be denied or abridged by the state of Colorado or any of
its political subdivisions on account of sex.

Section 30. Right to vote or petition on annexation ­
enclaves. (1) No unincorporated area may be annexed to a municipality unless one of
the following conditions first has been met:

(a) The question of annexation has been submitted to the
vote of the landowners and the registered electors in the area proposed to be annexed, and
the majority of such persons voting on the question have voted for the annexation; or

(b) The annexing municipality has received a petition for
the annexation of such area signed by persons comprising more than fifty percent of the
landowners in the area and owning more than fifty percent of the area, excluding public
streets, and alleys and any land owned by the annexing municipality; or

(c) The area is entirely surrounded by or is solely owned
by the annexing municipality.

(2) The provisions of this section shall not apply to
annexations to the city and county of Denver, to the extent that such annexations are
governed by other provisions of the constitution.

(3) The general assembly may provide by law for procedures
necessary to implement this section. This section shall take effect upon completion of the
canvass of votes taken thereon.

[Enacted by the People November 4, 1980 ­­ Effective
upon proclamation of the Governor, December 19, 1980. (For the text of the initiated
measure and the votes cast thereon, see L. 81, p. 2055.)]

Section 30a. Official language.
The English language is the official language of the State of Colorado.

This section is self executing; however, the General
Assembly may enact laws to implement this section.

[Enacted by the People November 8, 1988 ­­ Effective
upon proclamation of the Governor, January 3, 1989. (For the text of the initiated measure
and the votes cast thereon, see L. 89, p. 1663.)]

Section 30b. No Protected Status Based on Homosexual,
Lesbian or Bisexual Orientation. Neither the State of Colorado, through any of its
branches or departments, nor any of its agencies, political subdivisions, municipalities
or school districts, shall enact, adopt or enforce any statute, regulation, ordinance or
policy whereby homosexual, lesbian or bisexual orientation, conduct, practices or
relationships shall constitute or otherwise be the basis of or entitle any person or class
of persons to have or claim any minority status, quota preferences, protected status or
claim of discrimination. This Section of the Constitution shall be in all respects
self­executing.

[Enacted by the people November 3, 1992 ­­ Effective
upon proclamation of the Governor. (For the text of the initiated measure and the votes
cast thereon, see L. 93, p. 2164.) Declared to violate the United States Constitution by
the United States Supreme Court in 1996. Not in force.]